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An individual enquired whether they could reclaim the VAT paid in Germany for a motorhome after also paying the tax in Spain for its registration. The DGT ruled that the transaction is subject to VAT in Spain if the vehicle is new and the buyer is not a business owner.
Question raised: Recovery of tax paid in Germany.
The intra-Community acquisition of new means of transport by persons who are not entrepreneurs or professionals is subject to VAT in Spain. For a motorhome to be considered new, its delivery must take place within six months of its first entry into service. If the tax was unduly charged in Germany, the refund must be requested from the German tax administration.
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